Why govt's turning an exception into law has critics alarmed

India Today

20 hours ago

When Delhi Chief Minister Arvind Kejriwal was arrested in March 2024, he created a first for India. The AAP leader became the first serving CM to be arrested. All CMs facing arrest, be it Lalu Prasad or Hemant Soren, resigned beforehand, putting a replacement for the CMs chair. Kejriwal was an exception that seems to have be birthing a law, which is being termed Article 356 through the back door. The law is being termed draconian, and with valid arguments.Home Minister Amit Shah on Wednesday introduced three bills in the Lok Sabha which will provide a legal framework for the removal of the Prime Minister, Union Ministers, Chief Ministers and ministers in states and union territories who are "arrested and detained in custody on account of serious criminal charges".The proposed law comes even as morality in politics, when those accused of corruption resign, seems to be on the slide, but vindictive politics is alleged to be on the rise. Elected governments would be left at the mercy of the Executive.There are serious concerns that the 130th Constitutional Amendment Bill could bring a law that would create room for misuse against CMs of Opposition-ruled states. The Central regime, the present or subsequent, might use it to make the CMs toe its line, or pull down Opposition governments. It is nothing but Article 356 through the back door, argue critics.WHAT DOES THE DRAFT BILLS PROPOSE?The Prime Minister, Chief Ministers, Ministers of States and UTs who are arrested and detained in custody for 30 consecutive days on an allegation of committing an offence punishable with imprisonment for five years or more, shall be removed from office by the 31st day. They could return to their posts once freed from jail."I see the bill for the removal of CMs and ministers as draconian, undemocratic and unconstitutional... Tomorrow, you can put any kind of a case on a CM, have him arrested for 30 days without conviction, and he ceases to be the Chief Minister," argued Congress MP Priyanka Gandhi."One more devious and draconian bill whose primary objective is to target opposition ruled states... Democracy in India has become a pathetic joke," said Tamil Nadu-based social activist MK Sharmila.The exception, Kejriwal, might serve as an example here.Kejriwal was arrested by the Enforcement Directorate (ED) in the Delhi excise policy case on March 21, 2024, with less than a year for the Assembly election in Delhi. Kejriwal, who hadn't responded to summonses, was termed the "kingpin" of the alleged scam.The Supreme Court granted him interim bail to campaign from May 10 to June 1, and he was later re-arrested by the CBI on June 26, a move the court itself said raised "serious questions about timing".After over five months in custody, he secured bail in both the ED and CBI cases in September. Kejriwal and the AAP maintain that he was framed, arguing the policy had been cleared by the Lieutenant Governor, and no money trail led to him.They alleged that the central agencies were weaponised by the BJP to cripple the AAP before elections.The ED, a premier agency, has been at the forefront in probing corruption cases involving money laundering. However, questions have been raised over the quality of its investigations.The government in March this year presented data in Parliament that adds to the concerns. The ED filed cases against 193 politicians in the last 10 years but was able to get just two convicted.The ED's success rate against politicians is a miserable 1%.Chief Justice of India BR Gavai, part of a three-judge bench, said in August that the ED had been "successful" in incarcerating people for years without convictions.Justice Ujjal Bhuyan, part of another bench, pointed to the ED's dismal conviction rate and said: "There is a difference between law enforcing and law violating..."The Centre's knack for targeting Opposition-ruled with the misuse of Article 356, used to impose the President's rule, goes back to the initial years of India's democracy. This has been criticised by the Supreme Court on multiple occasions. In the SR Bomai case of 1994, the Supreme Court had underlined that Article 356 should only be invoked as "a last resort".This proposed legislation is being seen as an opportunity for the Centre to impose Article 356 through the back door. When the Centre could use it to sack a CM and her/his ministers after the politicians are just charged, and not convicted.WHAT'S THE SOLUTION, THEN?It is true that corruption in politics and corrupt politicians in the system are big issues. Parties, because of pragmatism, give tickets to tainted netas despite repeated goading by the Election Commission of India.Prime Minister Narendra Modi suggested that cases against tainted politicians be fast-tracked.This is the only solution, because probe agencies are just to investigate, and judging if an accused is guilty under law is the judiciary's domain.If the Executive ends up sacking governments based on initial probe reports, it will be infiltrating the judiciary's territory with the investigating agencies playing both the jury and the executioner.It is a welcome move that the draft Bill includes the process to even sack the Prime Minister, but as critics have pointed out, it is a fig leaf to push through a stringent law."Amit Shah knows no case will be initiated against the PM, so this bill is for CM's ruled by his opponents!" posted Congress supporter Vijay Thottathil on X.Some others also insinuated that coalition governments could use the proposed law to keep tabs on partners.India needs to rid its politics of corruption, but empowering the Centre with stringent laws is no guarantee of that. What it does guarantee is the corrupt use of such a law, if not by this administration, then by the one following, adding to the rot in the system.- EndsMust Watch
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